The Legal Foundation of Title Examination
Examining ownership before a transaction is a procedure built on the norms of the Law on the Public Registry; on this page its foundations are represented by Articles 5, 6, 7 and 10. The point of departure is Article 5: towards data registered in the public registry a presumption of reliability operates, unless they are declared no longer in force, void or nonexistent in the manner established by legislation. The subject of examination is therefore precisely the registry's data — not the seller's assurances or incidental papers.
The presumption also dictates the methodology: the examiner does not seek truth somewhere outside the registry but confirms that the registered data are in force and checks whether a statutory ground exists for setting them aside. It distributes responsibility as well: the person who relied on the registry's data is protected, while the one who neglects to use it assumes the risk. That is the boundary between doubt and conclusion which creates the safety of the transaction.